S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    240
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  HOYLMAN-SIGAL, JACKSON, LIU, SERRANO --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Housing, Construction and Community Development
 
 AN  ACT  to amend the emergency tenant protection act of nineteen seven-
   ty-four and the administrative code  of  the  city  of  New  York,  in
   relation to leasing to business and other entities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4 of chapter 576 of the laws of  1974  constituting
 the  emergency tenant protection act of nineteen seventy-four is amended
 by adding a new section 5-b to read as follows:
   § 5-B. TENANCY. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ACT
 OR THE PROVISIONS OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT,  NO  OWNER
 OR ANY AGENT THEREOF SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT
 FOR  OCCUPANCY  OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS ACT IF
 THE OWNER OR ANY AGENT THEREOF HAS REASON TO KNOW THAT THE  TENANT  WILL
 NOT  OCCUPY THE HOUSING ACCOMMODATION AS THE TENANT'S PRIMARY RESIDENCE,
 OR THE TENANT IS A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS  OR  NOT-
 FOR-PROFIT  ENTITY,  PROVIDED,  HOWEVER, IF THE TENANT (I) IS A NOT-FOR-
 PROFIT CORPORATION, PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW, THAT
 IS SOLELY ENGAGED  IN  ACTIVITIES  TO  PROVIDE  HOUSING  AND  ADDITIONAL
 SUPPORT  SERVICES,  IF  ANY,  TO LOW-INCOME OR VULNERABLE MEMBERS OF THE
 POPULATION, AS DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL, OR (II) IS A CORPORATION,  PARTNERSHIP  OR  OTHER
 BUSINESS  THAT  IS  PROVIDING  AN  OFFICER,  PARTNER,  EMPLOYEE OR OTHER
 NATURAL PERSON PARTICIPATING IN THE DAY-TO-DAY OPERATIONS WITH A  DWELL-
 ING UNIT, WHICH SHALL BE OCCUPIED AS THE INDIVIDUAL'S PRIMARY RESIDENCE,
 AN OWNER OR AGENT THEREOF MAY ENTER INTO A LEASE, OR OTHER RENTAL AGREE-
 MENT  FOR  OCCUPANCY  OF  A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS
 ACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00682-01-5
 S. 240                              2
 
   § 2. Clause (i) of paragraph 3 of  subdivision  a  of  section  12  of
 section  4 of chapter 576 of the laws of 1974 constituting the emergency
 tenant protection act of nineteen seventy-four, as amended by section 27
 of part A of chapter 20 of the laws of  2015,  is  amended  to  read  as
 follows:
   (i)  to  have  violated  an order of the division OR SECTION FIVE-B OF
 THIS ACT the commissioner may impose by administrative order after hear-
 ing, a civil penalty at minimum in the amount of one thousand but not to
 exceed two thousand dollars for the first such offense, and  at  minimum
 in  the  amount of two thousand but not to exceed three thousand dollars
 for each subsequent offense; or
   § 3. Section 26-512 of the administrative code of the city of New York
 is amended by adding a new subdivision h to read as follows:
   H. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR THE PROVISIONS
 OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT, NO OWNER OR ANY AGENT THERE-
 OF SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT FOR OCCUPANCY  OF
 A  VACANT  HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER IF THE OWNER OR
 ANY AGENT THEREOF HAS REASON TO KNOW THAT THE TENANT WILL NOT OCCUPY THE
 HOUSING ACCOMMODATION AS THE TENANT'S PRIMARY RESIDENCE, OR  THE  TENANT
 IS A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS OR NOT-FOR-PROFIT ENTI-
 TY,  PROVIDED,  HOWEVER,  IF  THE  TENANT (I) IS A NOT-FOR-PROFIT CORPO-
 RATION, PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW, THAT  IS  SOLELY
 ENGAGED   IN  ACTIVITIES  TO  PROVIDE  HOUSING  AND  ADDITIONAL  SUPPORT
 SERVICES, IF ANY, TO LOW-INCOME OR VULNERABLE MEMBERS OF THE POPULATION,
 AS DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HOUSING AND  COMMU-
 NITY  RENEWAL,  OR  (II) IS A CORPORATION, PARTNERSHIP OR OTHER BUSINESS
 THAT IS PROVIDING AN OFFICER, PARTNER, EMPLOYEE OR OTHER NATURAL  PERSON
 PARTICIPATING  IN  THE DAY-TO-DAY OPERATIONS WITH A DWELLING UNIT, WHICH
 SHALL BE OCCUPIED AS THE INDIVIDUAL'S PRIMARY  RESIDENCE,  AN  OWNER  OR
 AGENT  THEREOF  MAY  ENTER  INTO  A LEASE, OR OTHER RENTAL AGREEMENT FOR
 OCCUPANCY OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER.
   § 4. Paragraph 1 of subdivision c of section 26-516 of the administra-
 tive code of the city of New York, as amended by section 23 of part A of
 chapter 20 of the laws of 2015, is amended to read as follows:
   (1) to have violated an order of the  division  OR  SUBDIVISION  H  OF
 SECTION  26-512  OF THIS CHAPTER the commissioner may impose by adminis-
 trative order after hearing, a civil penalty at minimum in the amount of
 one thousand but not to exceed two thousand dollars for the  first  such
 offense,  and  at  a  minimum  in  the amount of two thousand but not to
 exceed three thousand dollars for each subsequent offense; or
   § 5. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the  validity  or  effectiveness of any other provision of this act, any
 other application of any provision of this act, or any  other  provision
 of any law or code amended by this act.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided that, the amendments to sections 26-512  and
 26-516  of  the  administrative  code  of  the  city of New York made by
 sections three and four of this act shall expire on  the  same  date  as
 such  sections  expire  and  shall  not  affect  the  expiration of such
 sections as provided in section 26-520 of such code.